Allowed

Babalu Kumar @ Kadar Khan @ Babalu Prasad v. the State of Bihar

Patna HC19 May 2023CR. MISC./30141/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Order allowing bail to Babalu Kumar in a liquor possession case under the Bihar Excise Act. Petitioner was alleged to have fled after illicit liquor recovery. Court allowed bail with bonds and sureties subject to standard conditions.

What did the court decide?

Petitioner enlarged on bail in sum of rupees ten thousand with two sureties of like amount to Special Judge Excise, on conditions of availability for interrogation and not hampering investigation.

Babalu Kumar @ Kadar Khan @ Babalu Prasad Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30141 of 2023

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Arising Out of PS. Case No.-127 Year-2022 Thana- BAHADURPUR District- Patna

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======================================================

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Babalu Kumar @ Kadar Khan @ Babalu Prasad Son Of Pramod Prasad Resident of Village-Nand Nagar Colony P.S.-Bahadurpur, District-Patna

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Brij Bihari Tiwary For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 19-05-2023

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 127 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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As per allegation, from the two bags kept behind the temple, total 30 litres of illicit liquor were recovered. The petitioner is alleged to have fled away from the spot.

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Learned counsel for the petitioner submits that the

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petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered

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Patna High Court CR. MISC. No.30141 of 2023(2) dt.19-05-2023 2/4

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from the conscious possession of the petitioner. He also submits that the petitioner was not apprehended from the spot and maliciously, on the basis of suspicion, he has been roped in the present case.

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He further submits that the petitioner has been languishing in jail since 09.01.2023.

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It has also been stated in paragraph no. 3 of the bail petition that apart from the present case, the petitioner is also made accused in 6 other cases.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two sureties of₹ the like amount each to the satisfaction of learned Special Judge Excise, Patna City, in connection with Bahadurpur P.S.

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Patna High Court CR. MISC. No.30141 of 2023(2) dt.19-05-2023 3/4

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Case No. 127 of 2022, on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court

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below that the petitioner has concealed his criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court

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below that statement regarding previous bail petition is

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Patna High Court CR. MISC. No.30141 of 2023(2) dt.19-05-2023 4/4

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wrong, learned court below shall cancel the bail bonds of the

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petitioner.

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(vi) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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Amrendra/-

Babalu Kumar @ Kadar Khan @ Babalu Prasad v. the State of Bihar

Case brief

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What did the court decide?

Babalu Kumar @ Kadar Khan @ Babalu Prasad v. the State of Bihar

Case brief

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